HARPREET SINGH SALUJA ALIAS SONU v. STATE OF U.P. AND ANOTHER
A482/39196/2024 · 2025-07-13
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107426 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107426 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:112018 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39196 of 2024 Applicant :- Harpreet Singh Saluja Alias Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Gaurav Singh Chauhan Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the
order dated 13.07.2023 passed by the Additional Chief Judicial Magistrate, Court No.2, Aligarh as well as entire proceedings of Case No.34/12 of 2022 (Smt.Nainsi Chabra vs.Harpreet Singh Saluja @ Sonu) arising out of Case Crime No.348 of 2022, under sections 323, 506, 307 I.P.C., Police Station Harduaganj, District Aligarh, pending in the court of Additional Chief Judicial Magistrate, Court no.2, Aligarh.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Opposite party no.2 is wife of the applicant. Divorce petition has been allowed. Learned counsel for the applicant next submitted that the parties have amicably settled the dispute out of Court and on account of compromise, they filed Application u/s 482 Cr.P.C. and this Court by order dated 24.02.2025 has passed the following orders:-
"Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 323, 506, 307 of I.P.C. on the basis of compromise dated 01.06.2024 which is annexed in supplementary affidavit. It is further submitted that opposite party no.2 is the wife of applicant and the dispute have been decided between the parties and a decree of mutual divorce has also been passed. Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same.
Applicants are directed to file supplementary affidavit annexing certified copy of the verified compromise as well as verification proceedings of compromise. Put up this case as fresh on 16.06.2025 Till the next date of listing proceedings of Case No. 34/12 of 2022 (Smt. Nainsi Chabra vs. Harpreet Singh Saluja alias Sonu), arising out of Case Crime No.348 of 2022, under Sections 323, 506, 307 of I.P.C., Police Station- Harduaganj, District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, court no.2, Aligarh shall remain stayed against the applicant."
4. Learned counsel for the applicant next submits that in pursuance of this Court's order 24.02.2025, parties appeared before trial court and trial court on 11.03.2025 verified the parties through their counsels. Verification report is filed as Annexure SA-1 to the supplementary affidavit. He next submits that since divorce petition has been allowed, there is no need to keep the proceeding pending. Opposite party no.2 do not want to pursue the case further and proceeding be quashed in terms of compromise.
5. Learned counsel for the opposite party no.2 has not disputed the
facts argued by counsel for the applicant.
6. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further.
7. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.
8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.
9. Accordingly, the impugned criminal proceeding in Case No.34/12 of 2022 (Smt.Nainsi Chabra vs.Harpreet Singh Saluja @ Sonu) arising out of Case Crime No.348 of 2022, under sections 323, 506, 307 I.P.C., Police Station Harduaganj, District Aligarh, pending in the court of Additional Chief Judicial Magistrate, Court no.2, Aligarh, is hereby quashed.
10. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 14.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad